Law Essays

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Law Essays

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Role Of Law In Modern Society

The main role of law in modern societies is hard to overestimate. The systems are hard to understand, the institutions are different and range from small to mammoth, and the number of people concerned, from para-legal to federal judge, can only be proof of its central role in society. Law and legal issues are left to lawyers, legal theorists and the occasional sociologist. For most people, the law is only reluctantly confronted during those signature events in life: marriage, paying taxes, immigrating....

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Discrimination Gender Race

In a protected class, the unequal treatment of an individual is discrimination. ...

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Controversial Areas Of The Law In Sexual Offences

Afterwards it was then necessary to print off the law that was referred to in the question. Therefore the sections mentioned in the Sexual Offences Act 2003 (s. 5 and s. 13) along with Article 8 of the European Convention of Human Rights, was printed off, thus allowing reference to these pieces of law easier when it came to section B. In the scenario R v G [1] was mentioned, in order to make referring to this case easier, it was important to read through the judgement of the case and copy the key points onto a separate...

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The Decisions Of The High Courts

The decisions of the higher courts are binding on all the lower courts and same courts are bound by their own decisions. For example, the Court of Appeal decision automatically bound the high court and other lower court such as Sessions Court, Juvenile and Magistrates Court and Penghulu’s Court....

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International Sports Law Questions Negligence Boxing Legality Doping

Explain the application of ordinary negligence taking account of all the circumstances to the question of negligence liability in sport. Negligence has been described as conduct that falls below the standard regarded as normal or desirable. For Negligence to be established there has to be a fulfilment of the threefold test that is that the defendant (the other party) owed the claimant a duty of care, that this duty of care was breached and that this breach of duty caused or contributed to the injury or loss suffered as in Donoghue v Stevenson [1932] AC 562.A duty of care is...

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The Views Of Flighty Wrongful Dismissal

In order to establish either claim there is a requirement that Flighty should establish that he was dismissed as opposed to leaving. Where the employee commits a repudiatory breach of contract, the elective theory holds that the contract is only terminated once the employer, as the innocent party, has accepted the breach. Since the contract is ended by the employer, there is a dismissal for the purposes of section 95(1)(a) of the ERA 1996. As the employee has committed a serious contractual breach, the Bossman Ltd may not find it difficult to establish that there was a potentially fair reason...

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Society Has Considerable Expectations Of Criminal Justice System

Expectations are a belief that something will happen or be the case (Oxford, 2010) and are a natural part of human behaviour. The Australian Criminal Justice System is used to maintain order within society, to prevent crime, to keep the community safe and to ensure justice has been served....

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Legal Companies European

Little further work is required in the light of judicial and legislative developments to make freedom of establishment for companies within European Union reality. ...

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Court Case In The International Court Of Justice International

Under Article 25 of the UN Charter all resolutions of the SC are binding upon its members. Hence, this Resolution 1937 has binding effect and the ICJ has jurisdiction to solve the dispute under Chapter VI of the UN Charter. Also, clearly there is intention on part of SC for the resolution to be binding. The ICJ, thus under Article 36 and 40 of the ICJ Statute has the jurisdiction to resolve the dispute between the Giros Republic of Quetzal and the State of Warbolia....

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Legal Risks And Opportunities

For any business operation to be successful, engaging in contracts is inevitable. ...

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United Nations Ability To Counter Terrorism International

Indisputably, terrorism is a threat to world peace. As it thrives in a world of ours where violation of human rights, ethnic and religious discrimination, rising violence and socio-economic marginalization are very much in practice, it has succeeded in disregarding value of human lives, increase violence and conflicts and pose a serious threat to freedom and peace in the world at large. Statistically, it is evident that no country of the world is exceptional to terrorist attacks [1] . As Pius Odiaka writes in the Guardian Newspaper, Friday, July 29th, 2005, that "No part of the world has...

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Objectivity Of Law In Our Lives

The Law determines human behavior of the society helping to understand justice, it resolves disputes, protects human rights and life, maintain stability in the country and punish crimes. There are as many legal traditions as countries in the world, and each legal tradition determines the legal procedures. In this essay I would like to compare procedures in two largest law systems of the world: Common Law legal system and Continental Law legal system....

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English Copyright Law

English copyright law does not protect 'ideas' but the ways in which these ideas are ...

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Export And Shipping Required Documents And Guidelines International

It is a document that is issued to a shipper, it is also used as a acknowledge the receipt of the goods. Bill of lading indicates were the goods are placed, intended destination and the terms of the transportation. There should be a brief description of the goods to be exported in the destination and it should match the details in Pro Forma Invoice....

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Foundation Of The Australian Independence State

Australia is an independent state within the British Commonwealth, it is federalism country and it was founded in 1901. So Australia’s legal system is based on the English legal system. By 1788, when the first group of criminals came to Australia, English colonists also brought their law to Australia. As time went on, Australia’s legal system has become more indigenized gradually in the past decades. At nowadays, Australia’s legal system is quite different from English legal system, in the essay will introduce the background and development of Australia’s legal system and discuss some different between Australia’s legal system and English...

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Case Study Claim For Damages In Negligence Scenario

In seeking to effectively advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario for negligence, it is necessary to look to deal with the evidentiary aspects that are considered to be involved with the claim. As a result, this will involve looking to provide for recognition of the evidence that both Steve and Tina would be required to present (including any particular witness evidence) related to the need for there to be a recognised duty of care that was breached that was proximate leading to a recognised...

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Dealing With Post Traumatic Stress Clients

In giving full advice to Mr Patel for post traumatic stress disorder which he suffered as a result of an incident involving his work colleague. Analysis was made as to how he suffered PTSD using open and closed questions to gather the relevant facts. This advice will further explain Mr Patel’s claim against his employers for compensation for the medical recognised injury he has sustained. The duty of care will be explained along with case law and Statues to support the claim against the third party insurance and Employers....

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Fictional Case Study Adr In A Harassment Case

This study will cover areas of disputes found in the scenario of case study three. The summary of this study will identify what the disagreements are, how the law would resolve these matters by providing remedies accessible under the English law. At the same time the study will also look at how ADR (Alternative Dispute Resolution) would solve the disputes by providing solutions that would be best applicable. The different remedies available would be critically analysed in relation to this scenario so as to identify which form of ADR would be more appropriate....

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The Structure Of The Legal Profession

The legal profession in the United Kingdom has personalized the political system more than countless years to provide the society the finest law. The legal profession in England and Wales is separated into two different branches: barristers and solicitors. These two different types of lawyers accomplish different purposes while there is an inevitable amount of similarities in their actions. Throughout this essay I shall build up an understanding of both barristers and solicitors, as well as commenting whether these branches should be fused into one as opposed to maintaining two distinct branches of the same profession....

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Canadian Charter Of Rights And Freedoms Case Analysis

On November 17th, 2003, the accused, Donnohue Grant, caught the attention of three police officers that were patrolling an area near schools with a history of youth crime such as robberies, drug offences and assaults. Police Constables Worrell and Forde were driving an unmarked police vehicle in plainclothes. Constable Gomes was the only officer in uniform of the three and he was driving a marked police vehicle. Donnohue Grant was walking on the sidewalk when he caught the attention of Worrell and Forde. The accused stared at the plainclothes officers as they drove past him. While the unmarked car drove...

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Human Embryo And Stem Cell Experimentation

Stem cells, specifically Human embryonic or Adult stem cells, also known as “master cells” are cells that are characterised by their ability to differentiate into almost any type of cell found within the human body, through mitotic division [1] ....

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Design Economics And Cost Planning

It is widely believed that cost discrepancies or distinction arise mostly at construction stage. In certain other situations, variations occur as a result of time lag between the completion of the design and the time the client is ready to start construction....

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Ethics Of Intellectual Property Knowledge And Skills

The world today is based more and more on information and information technology. ...

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Law Society Rule

The question of the purpose of the rule of law and how the boundaries should be drawn between moral judgement and the need to maintain a basic level of order within a society ...

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Case Study Of The Former Yugoslavia Bosnia International

The conflict that took place within the Republic of Bosnia-Herzegovina amongst the three major racial factions, the Serbians, Croatians and the Muslims, brought about mass annihilation perpetrated by the Serb forces against the Muslim civilians of Bosnia. Bosnia had been one of the numerous states that were created after the disintegration of Yugoslavia, a non-sectarian nation that consisted of various racial and religious factions that existed as adversaries or even staunch antagonists since historical times. The several religious factions that existed in Yugoslavia comprised of the Serbs who were Orthodox Christians, the Croatians who were Catholic and the Albanians who...

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The Sheltering Of Countries In Global Competitive Markets International

As a consequence of the economic crisis of 2009, political leaders are increasingly sheltering their countries from global competitive markets during a time of market contractions. As of 2008, 153 member nations and 30 observing nations are party to the World Trade Organization (WTO). The importance of the WTO is increasingly come to light, as a halt to the potential reduction in global outputs, while countries look inwardly to save domestic industry. If the main purpose of the WTO is to liberalize global trade and economic development by restricting trade barriers, it would be expected that the...

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Introduction To International Law And Human Rights Activism International

When we started doing human rights activism, we knew very little about law and nothing about the interplay of international law and human rights. However, international law can be a very powerful tool in the hands of the human rights activist. Countries are subject to international law in much the same way that people are subject to domestic law. Invoking international law in a situation of human rights violations tells the country it should cease the violations because it must, not just because it wants to have a good public image. In this series we hope to let non-lawyers know...

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Effectiveness Of The Convention Of Equality And Womens Rights International

The international community is committed by the women’s convention to equality and enjoyment of human rights. The effectiveness of this commitment is highly dependent on states who have accepted the convention to act so as to improve the equality and status of women. States are required to renew their laws, policies and legislation and then prepare a report for CEDAW. This process of constant review at regular intervals is expected to bring to light, areas where further advancement in women rights is required. This procedure is expected to examine the evolution of individual states and from there, table issues important...

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Offenses And Deportation In Mauritius

Section 22 of the IA sets out the grounds on which a person is deemed to have committed an offense. There are five main offenses indentified under this Act. The first offense is the failure of the immigrant to report to an immigration officer upon entering the country. Willfully lying to the immigration officer interviewing the immigrant is also an offense. Persons who withhold information which weighs on the decision of an official whether to admit a person or not in the country are also in breach of the IA, as are persons who attempt to charge a fee in...

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Law For Health And Safety Practitioners

UK health and safety laws have been established over the last 200 years. Initial statutes relating to specific industries and practices have over time been replaced by more general legislation covering more general principals of health and safety. Throughout this historical development, the role of the courts has been crucial in clarifying general principles and statements of law....

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Crime Young People And The Law Case Study

In the event Max Greentree pleads not guilty, where will max’s trial of the latest theft matter (concerning the digital camera, etc.) take place and why? Under schedule 3 of the Criminal Justice Act 2003, an Offence committed solely by a Juvenile, a Juvenile being a young adult aged 10-17, will commence in the Youth Court. Max Greentree is categorised as a Juvenile because he is of the age of 15, however the crime has not been solely committed by him therefore his trial would not commence in the Youth Court....

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Assessing The Extinction Of Criminal Liability

Criminal liability may be partially or totally extinguished. Total Extinction means that the entire penalty is extinguished, and there is no more criminal liability. Criminal liability is totally extinguished by the death of the offender, only as to the personal penalties, pecuniary liabilities is extinguished only when the death of the offender occurs before final judgment; service of the sentence, which means that they have served their liability; amnesty, completely extinguishing the penalty and its effects; absolute pardon given by the President; prescription of the crime, wherein the State loses the power to prosecute; prescription of the penalty,...

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Understanding Of The Law Research

The decision of the majority in this case was that Shabina’s right to manifest her religion hasn’t been infringed. The dress code of Denbigh High was devised after having consulted students, parents, staff and imams from three different local mosques [4] . This portrays that the Law Lords were ‘’just’’ in deciding for Denbigh High because although the school had its own strict policies regarding their uniforms, they had been considerate towards their female pupils by ensuring that their dress code doesn’t fail to satisfy the requirements laid out in Islam. Thus they’ve maintained a fair balance between...

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United States Supreme Court

The United States Supreme Cour System is closely connected to the Chief Justices and their style of leadership. The influence the whole system and the system influences them. This research would examine two significant periods in the United States Supreme Court history, which are connected with the names of Justice Warren and Rehnquist, who could be called one of the most influential figures in the U. S. Supreme Court of the second half 20th century. The essay would examine the influence of both Justices’ Courts on the U. S. Juridical system and the core decisions that illustrate this influence....

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Distinguishing Civil And Criminal Procedure In Law Practice

The main purpose of writing this assignment is to distinguish civil and criminal procedure in continental and common law. For this purpose, in this essay I will identify the difference of sources, the history of the development of two considerably various legal systems....

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